Summary
This Appellate Division, Second Department decision affirms the Supreme Court's denial of a defendant's motion to vacate a default judgment of foreclosure and sale. The court held that the defendant's conclusory denial of receiving service did not constitute a reasonable excuse for the default, nor did the defendant demonstrate a potentially meritorious defense as required under CPLR 5015(a)(1). The underlying action involved the foreclosure of a tax lien on Brooklyn real property.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in denying the defendant's motion to vacate the default judgment and foreclosure order under CPLR 5015(a)(1).
Holdings
- The trial court properly denied the motion because the defendant failed to demonstrate a reasonable excuse for the default and a potentially meritorious defense.
Key quotations
“A defendant seeking to vacate a default pursuant to CPLR 5015(a)(1) must demonstrate a reasonable excuse for the default and a potentially meritorious defense”
“The determination of what constitutes a reasonable excuse lies within the sound discretion of the trial court”
Factual background
Plaintiffs sought to foreclose a tax lien on property in Brooklyn. The defendant failed to appear or answer the complaint, resulting in a default judgment and an order of foreclosure and sale entered on December 15, 2022. The defendant later moved to vacate that order.
Procedural history
The Supreme Court, Kings County entered a default judgment and foreclosure sale order on December 15, 2022 after the defendant failed to appear. The defendant moved to vacate that order; the trial court denied the motion. The defendant appealed.